SMT. SARASAMMA D/O LATE. DODDAMUNISWAMAPPA vs SRI D NARAYANASWAMY S/O LATE. DODDAMUNISWAMAPPA

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2026 Supreme(Online)(Kar) 2993

THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR
SMT. SARASAMMA D/O LATE. DODDAMUNISWAMAPPA – Appellant
Versus
SRI D NARAYANASWAMY S/O LATE. DODDAMUNISWAMAPPA – Respondent
WP 37525/2025

Important Points

Writ petitions under Articles 226 and 227 allow for urgent interim relief aimed at preserving the status quo pending resolution in lower courts.

Subject

Civil - Writ

Act Referred

Constitution of India: Article 226, Article 227

Headnote

Statute Analysis: This writ petition is filed under Articles 226 and 227 of the Constitution of India. Facts of the Case: Petitioners sought to set aside an order of the III Addl. Senior Civil Judge and requested a temporary injunction against alienation of properties.

Findings of Court:
The court allowed withdrawal of the petition with liberty to request appropriate orders from the Trial Court.

Issues: The court examined the request for urgent relief and consideration of applications in the original suit.

Ratio Decidendi: The court noted that if a request is made, the Trial Court must consider and act expediently on such applications.

Result: The petition stands disposed of as withdrawn reserving liberty.

Table of Content
1. request for urgent temporary injunction (Para 1 , 2 , 3)
2. petition stands disposed of as withdrawn (Para 4)

ORAL ORDER

In this petition, petitioners seek the following reliefs:

“ i) To call for the entire records from the file of the Hon’ble III Addl. Senior Civil Judge, Bengaluru Rural District at Bengaluru in O.S.No.2172/2025 and after perusing the records, set aside the orders dated 28/11/2025, passed in O.S.No.2172/2025, passed by the III Addl. Senior Civil Judge, Bengaluru Rural District at Bengaluru which is produced at Annexure-‘A’.

ii) Consequently pass the interim order of temporary injunction, restraining the restraining the respondents/defendants from alienating encumbering or creating any charges over the suit schedule properties and also from changing the nature of the suit schedule properties till disposal of the suit in O.S.No.2172/2025 pending on the file of the Hon’ble III Addl. Senior Civil Judge, Bengaluru Rural District at Bangalore by considering the I.A.No.1 & 2 filed by the petitioner under order 39 rule 1 & 2 of C.P.C. which are produced at Annexure-‘Q’ & ‘Q1’.

iii) Grant cost of this writ petition.

iv) And also grant such other and further reliefs as this Hon’ble Court deems fit considering the facts and circumstances of the case to meet the ends of justice.”

2. After arguing the matter for sometime, learned counsel for the petitioners submits that the Trial Court has posted the matter to 21.01.2026 for appearance of defendant No.255 against whom the petitioners have sought for order of temporary injunction and the Trial Court may be directed to dispose of the said applications as expeditiously as possible.

3. The said submission is placed on record.

4. Accordingly, the petition stands disposed of as withdrawn reserving liberty in favour of the petitioners to request the Trial Court to pass appropriate orders on the applications – I.A.Nos.1 and 2 filed by the petitioners as against defendant No.255. If such a request is made by the petitioners, the Trial Court shall consider and pass appropriate orders on the aforesaid applications as expeditiously as possible.